Reversal Due to "Apostrophe-Challenged"

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Charlyn Bradshaw and Kenneth Bradshaw, her husband v. Boynton-JCP Associates, LTD, d/b/a Boynton Beach Mall and Simon Property Group, Inc., 38 Fla. L. Weekly D823a, Case No. 4D11-4242, issued April 10, 2013: A final judgment awarding attorney's fees pursuant to an offer of judgment  pursuant to s. 768.79, Fla. Statutes (2007) and Fla. R. Civ. P. 1.442, was reversed because it was "apostrophe-challenged" and, thus, ambiguous. Citing State Farm Mut. Auto. Ins. Co. v. Nichols, 932 So. 2d 1067 (Fla. 2006), the appellate court stated that the issue is not whether it is "fair or logical to apply the requirements" of the rule, the offer must be sufficiently clear to allow the offeree to make a decision without clarification.
(From RPPTL Subcommittee) 
Trenton H. Cotney
Florida Bar Certified Construction Lawyer
Trent Cotney, P.A.
1211 N Franklin St
Tampa, FL 33602

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